Pretoria: The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has directed her department to pursue legislative amendments aimed at making the National Register for Sex Offenders (NRSO) accessible to the public. This development was announced during her oral replies to the National Assembly.
According to South African Government News Agency, Kubayi explained that the Office of the Chief State Law Advisor (OCSLA) had advised earlier this year that the register could not be made publicly available due to Section 52 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act. This section prohibits and criminalizes its publication unless it is for the purpose of the Act or when required by a competent court.
Kubayi sought further clarity from the OCSLA regarding whether she had the authority, under Chapter 6 of the Act, to publish the NRSO in the Government Gazette or through other means. The legal opinion concluded that a law of general application is necessary to authorize the limitation of guaranteed rights of individuals whose names are entered in the Registers, allowing for their publication.
Consequently, the Minister has instructed her department to draft the necessary legislative amendments to enable public access to the register. She assured that the government is committed to safeguarding children and vulnerable persons by ensuring lawful and responsible access to the NRSO.
To facilitate this access, the department is prioritizing the provision of swift access for institutions that work with vulnerable groups, such as schools, daycare centers, and care facilities, to aid in their vetting processes. This includes plans to enhance capacity within the Registrar’s office across various provinces to efficiently process applications.
The Justice Department will also collaborate with the Departments of Basic Education, Police, Higher Education and Training, and other key stakeholders to understand the issues fully and provide feedback on the interventions being implemented.
Kubayi noted that a draft amendment bill has been prepared and is undergoing internal consultation. Consultations with experts, including the Information Regulator of South Africa, will follow regarding the register’s accessibility. Once concluded, the Bill will proceed through parliamentary processes.